1. Agreement and operator
These Terms and Conditions ("Terms") are a binding agreement between you and Huglers, an independent sole proprietorship based in Ontario, Canada ("Huglers", "we", "us" or "our"). They apply when you visit or use huglers.com and any page that links to these Terms (collectively, the "Website").
By accessing or using the Website, you confirm that you have read and agree to these Terms. If you do not agree, do not use the Website. If you use the Website on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
You must have reached the age of majority where you live and be legally capable of entering into this agreement. The Website is intended primarily for business and professional audiences and is not directed to children.
2. Website information is not a service contract
The Website describes general capabilities and experience. It is informational only. Nothing on the Website is an offer capable of acceptance, a quote, a guarantee of availability or results, or a promise to perform services on particular terms.
An email, meeting, estimate or preliminary discussion does not create a client relationship or obligate either party to proceed. Services begin only when the parties accept a separate written proposal, statement of work, contractor agreement or other service agreement (a "Service Agreement"). The Service Agreement will control pricing, scope, deliverables, timing, payment, ownership, confidentiality, warranties, acceptance, change requests, cancellation and liability for that engagement. If these Terms conflict with a Service Agreement, the Service Agreement controls for the services covered by it.
3. No professional advice or guaranteed results
Website content is general information, not legal, financial, tax, accounting, investment, employment, cybersecurity or other regulated professional advice. You are responsible for obtaining advice from qualified professionals for decisions in those areas.
Examples, concepts, performance observations and descriptions of past work do not guarantee future traffic, revenue, rankings, deliverability, conversions, audience growth, cost savings, regulatory compliance or any other outcome. Digital results depend on factors outside our control, including your offer, data, systems, approvals, vendors, platforms, audiences, budgets, market conditions and implementation choices.
4. Permitted use
Huglers grants you a limited, revocable, non-exclusive, non-transferable permission to access and use the Website for lawful personal or internal business evaluation. You may print or save a reasonable number of pages for that purpose, provided you keep all notices intact.
You must not:
- use the Website unlawfully, fraudulently, abusively or in a way that infringes another person's rights;
- copy, republish, sell, license, distribute or commercially exploit substantial Website content without written permission;
- misrepresent your identity or affiliation, impersonate Huglers or imply our endorsement;
- introduce malware, probe for vulnerabilities, bypass security, disrupt operation or gain unauthorized access;
- scrape, harvest or collect contact or personal information except through ordinary search-engine indexing or with prior written permission;
- use automated systems in a way that imposes an unreasonable load or interferes with other users; or
- use Website content, branding or data to train, fine-tune or build a competing commercial model, dataset, service or representation without written permission.
We may restrict access or take lawful protective action if we reasonably believe these Terms, security or another person's rights are at risk.
5. Intellectual property
The Website and its original text, design, layout, graphics, code, brand elements and selection or arrangement of content are owned by Huglers or used under permission and are protected by Canadian and international intellectual-property laws. "Huglers" and associated branding may not be used in a way that causes confusion or suggests sponsorship, affiliation or endorsement without prior written permission.
No right, title or licence is granted except the limited permission in section 4. Ownership of client deliverables is determined only by the applicable Service Agreement. Third-party names, marks and content remain the property of their respective owners.
6. Messages, submissions and confidentiality
If you contact us, you are responsible for the information you send and confirm that you may lawfully provide it. Do not send passwords, payment-card data, health information, government identifiers, customer banking information, trade secrets or other highly sensitive material through ordinary email.
Unsolicited messages, ideas, briefs or attachments are not confidential merely because they are sent to us. A confidentiality obligation arises only under a separate written agreement or where imposed by law. We may use your message to evaluate and respond to the request, operate our business, prevent misuse and keep appropriate business records, as described in our Privacy Policy.
You retain ownership of material you submit. You grant Huglers a limited permission to receive, copy and use it only as reasonably necessary to respond, assess a possible engagement, provide requested services under a Service Agreement, maintain records and comply with law.
7. Third-party services and links
The Website may link to or rely on third-party websites, hosting, email, fonts, platforms or tools. Third parties operate under their own terms and privacy practices. A link does not mean Huglers controls, endorses or guarantees the third party. You use third-party services at your own discretion and should review their terms.
We are not responsible for third-party availability, security, accuracy, content, changes, acts or omissions, except to the extent applicable law does not allow that responsibility to be excluded.
8. Website availability and changes
We may correct, update, suspend, restrict or discontinue any part of the Website without notice. We do not promise that the Website will always be available, uninterrupted, secure, current, complete or error-free, or that defects will be corrected. You are responsible for maintaining your own devices, connectivity, security and backups.
9. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Website and all Website content are provided "as is" and "as available", without representations, warranties, conditions or guarantees of any kind, whether express, implied, statutory or collateral, including warranties or conditions of accuracy, completeness, merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, security or compatibility.
Some jurisdictions do not allow certain exclusions. In that case, the exclusions apply only to the maximum extent permitted, and nothing in these Terms excludes a right or warranty that cannot lawfully be excluded.
10. Limitation of liability
To the maximum extent permitted by applicable law, Huglers and its service providers will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, opportunity, goodwill, reputation, anticipated savings, business, contracts, use or data, arising from or related to the Website, even if advised that such loss was possible.
To the maximum extent permitted by law, Huglers' total aggregate liability arising from or related to the Website or these Terms will not exceed the greater of (a) CAD $100 and (b) the amount you paid Huglers specifically for access to the Website during the six months before the event giving rise to the claim. Access is currently free.
These limits do not apply where liability cannot legally be limited, including liability for fraud, fraudulent misrepresentation, wilful misconduct, or any other liability that applicable law prohibits us from excluding. Liability relating to paid client services is governed by the applicable Service Agreement, not this section.
11. Indemnity
To the extent permitted by law, if you use the Website for commercial purposes, you will defend, indemnify and hold harmless Huglers from third-party claims, damages, liabilities, costs and reasonable legal fees arising from your unlawful use of the Website, your material breach of these Terms, or content you submit that infringes another person's rights. This obligation does not apply to the extent a claim was caused by Huglers' own negligence, breach or wilful misconduct, or where applicable law does not permit it.
12. Privacy and electronic communications
Our Privacy Policy explains how we handle personal information. It forms part of these Terms.
Contacting us authorizes us to respond to that request. It does not by itself subscribe you to marketing. If Huglers later sends commercial electronic messages, they will be managed in accordance with Canada's Anti-Spam Legislation, including applicable consent, sender-identification and unsubscribe requirements. You may withdraw marketing consent at any time through the method provided in a message.
13. Mandatory consumer and local rights
Nothing in these Terms waives, restricts or excludes non-waivable rights or remedies under applicable consumer-protection, privacy, competition or other law. If you are a consumer, provisions that conflict with mandatory law in your province, state or country do not apply to you to the extent of the conflict.
For Ontario consumers, any internet, remote or future consumer agreement will include the disclosures, acceptance opportunity, copy and cancellation rights required by the Consumer Protection Act, 2002 and its regulations while that statute remains in force. The Consumer Protection Act, 2023 is not treated as operative until proclaimed in force. A separate Service Agreement and checkout or acceptance process, if any, will provide transaction-specific terms.
Quebec consumer contracts and other contracts to which mandatory local law applies may be governed by rules that cannot be changed by these Terms. The governing-law and venue section below applies only where legally permitted.
14. Governing law and disputes
Except where mandatory law requires otherwise, these Terms and any dispute relating to them or the Website are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. You and Huglers submit to the exclusive jurisdiction of the courts located in Ontario.
Before starting formal proceedings, each party should send written notice describing the dispute and requested resolution and allow 30 days for a good-faith attempt to resolve it. This does not prevent urgent injunctive relief, preserve a limitation period, or restrict a remedy that cannot lawfully be restricted.
15. International access
Huglers operates from Ontario, Canada. The Website may be accessible elsewhere, but access does not mean we target, offer regulated services in, or submit to the laws of every jurisdiction. You are responsible for lawful access and use where you are located. Mandatory local protections continue to apply where the law says they must.
16. Changes to these Terms
We may update these Terms to reflect changes to the Website, our practices or law. The updated version will be posted here with a revised "last updated" date. Changes apply prospectively when posted, unless law requires another method. If a material change requires consent, we will request it where required.
17. General provisions
If any provision is held invalid or unenforceable, it will be limited or severed only to the minimum extent necessary, and the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them as part of a business transfer or reorganization, subject to applicable law. These Terms, together with the Privacy Policy, are the entire agreement concerning Website use and supersede prior discussions about that subject.
18. Contact
Questions or legal notices about these Terms may be sent to:
Huglers
PO Box 30015
Milton, ON, L9T0L8
hello@huglers.com
Transaction-specific legal notices should also be delivered using any notice method stated in the applicable Service Agreement.